C.V. BHADANG, J.

1. This petition involves a dispute as to the seniority between the petitioner and the fourth respondent.

2. The brief facts necessary for the disposal of the petition, may be stated thus:

That the petitioner as well as the fourth respondent were appointed as teacher (Grade-I) in the respondent no.2 school by separate orders dated 5/6/1989. The petitioner has been appointed as a teacher (Grade-I) in the subject of Accountancy. The fourth respondent was appointed as a teacher (Grade-I) in Biology. Admittedly the fourth respondent being older than the petitioner was shown as senior to the petitioner, right from the date of the appointment till the year 2013, except in the provisional seniority list for the year 2010-11.

3. The petitioner had sought extraordinary leave in order to pursue a job in Saudi Arabia for better prospects. The extraordinary leave was initially granted for two years which was extended twice. It is a matter of record that the fourth respondent was on extraordinary leave from 21/9/2007 to 30/6/2013. The fourth respondent rejoined her duties w.e.f 1/7/2013. The order granting extraordinary leave to the fourth respondent did not stipulate that the respondent no.4 had a lien over the vacancy created on account of her extraordinary leave.

4. It appears that initially the Director of Education had approved the appointment of the fourth respondent vide letter dated 3/6/1989. The Director of Education by a subsequent letter dated 8/3/1990 communicated to the Managing Trustee of the school, that the appointment of the fourth respondent is not in accordance with the rules and therefore requested to take necessary action to fill up the post by following the procedure as per rules. It appears that the said letter was issued as the Goa Board of Secondary and Higher Secondary Education (the Board, for short) had intimated to the Office of the Director of Education that the respondent no.4 who was holding a Master's Degree in Microbiology, was not eligible to be appointed as a teacher (Grade-I) in Biology. According to the Board, the entire of syllabi of Std. XI and Std. XII Science, contains topics relating to Botany and Zoology, with a weightge of two marks being given to Microbiology in both the standards and a candidate holding a Post Graduate degree in Microbiology is not trained in 'dissecting techniques' and therefore a person holding a Postgraduate degree in Microbiology, cannot be appointed as a teacher (Grade-I) to teach Biology.

5. The Director of Education accordingly issued a circular dated 6/4/1990 stating that a Grade-I teacher in Biology should have a Postgraduate decree in the relevant subject as the syllabus of Std XI and Std. XII Science does not have any relevance to Microbiology as a subject. However, this circular was followed by another circular dated 4/6/1990 wherein the Director of Education reproduced the following clarification issued by the board:

"Microbiology/Botany/Zoology Post Graduate with either Zoology or Botany at Graduate level may be considered as eligible to be appointed as Grade I Teacher in Biology at the Higher Secondary level."

Incidentally the fourth respondent is holding a degree BSc (Zoology) with MSc (Microbiology).

6. The petitioner sought to challenge the seniority of the fourth respondent on two grounds (i) that the fourth respondent was not eligible to be appointed as a teacher Grade-I in Biology, particularly when she was not holding a post graduate degree in either Zoology or Botany. In short, according to the petitioner the fourth respondent being a Post Graduate in Microbiology was not eligible to be appointed as teacher Grade-I in Biology.

In that view of the matter, whatever service is rendered by the fourth respondent has to be treated as 'ad hoc service' and she cannot rank higher in seniority to the petitioner who was regularly appointed as a teacher Grade-I in Accountancy and (ii) that the period spent by the fourth respondent from 21/9/2007 to